Disposed

Smt Gayathri v. Sri Pravin Kumar

Karnataka HC15 Mar 2024RFA/1562/2017

Case brief

AI extract

What is this about?

In a regular first appeal regarding a partition/sale of suit property, the High Court accepted a compromise petition filed by the appellants and respondent. The parties settled the dispute, agreeing to execute a sale deed and pay balance consideration. The appeal was disposed of in terms of the settlement, granting withdrawal of deposited funds and refunding court fee.

What did the court decide?

Compromise accepted; appeal disposed; sale deed to be executed for Rs.16,91,000; balance consideration to be paid at registration; deposited amount with interest to be withdrawn by appellants; court f

Smt Gayathri Vs Sri Pravin Kumar — Contract and Commercial Disputes | Karnataka HC (2024)

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1 - NC: 2024:KHC:16619-DB RFA No. 1562 of 2017

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 15^TH DAY OF MARCH, 2024

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PRESENT

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THE HON'BLE MR JUSTICE K.SOMASHEKAR

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AND

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THE HON'BLE MR JUSTICE RAJESH RAI K REGULAR FIRST APPEAL NO. 1562 OF 2017

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BETWEEN:

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SMT GAYATHRI

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W/O LATE M.D.NAGABHUSAN AGED ABOUT 64 YEARS

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SMT.M.N.PRASANNA PARVATHI D/O LATE M.D.NAGABHUSAN, AGED ABOUT 47 YEARS

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SMT.M.N.MANJULA D/O LATE M.D.NAGABHUSAN AGED ABOUT 44 YEARS

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Digitally signed by SUMATHY KANNAN Location: High Court of Karnataka

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SMT.M.N.SHARADA D/O LATE M.D.NAGABHUSAN AGED ABOUT 42 YEARS

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SRI.M.N.RAGHAVENDRA S/O LATE M.D.NAGABHUSAN AGED ABOUT 37 YEARS

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KUM.M.N.TARA D/O LATE M.D.NAGABHUSAN AGED ABOUT 32 YEARS

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ALL ARE R/AT NO.808, 6^TH CROSS 5^TH MAIN, M.C.LAYOUT VIJAYANAGAR, BENGALURU-560 040.

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…APPELLANTS

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(BY SRI. SAMANTH H S – ADVOCATE FOR SRI. SANGAMESH R B - ADVOCATE)

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NC: 2024:KHC:16619-DB RFA No. 1562 of 2017

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AND:

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SRI PRAVIN KUMAR S/O SRI.LAKSHMICHAND MEHTA AGED ABOUT 42 YEARS R/AT NO.18/6, 2^ND STAGE K.V.TEMPLE STREET 2^ND CROSS ROAD SAWRASTRAPET BENGALURU-560 053.

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…RESPONDENT

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(BY SRI. SHASHANK S - ADVOCATE FOR SRI. S V SRINIVAS - ADVOCATE )

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THIS RFA FILED UNDER SEC.96 OF CPC., PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 18^TH JULY 2017 PASSED IN OS NO.7317/2012 ON THE FILE OF THE XXXI-ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU.

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THIS RFA, COMING ON FOR ORDERS, THIS DAY, K. SOMASHEKAR .J., DELIVERED THE FOLLOWING:

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JUDGMENT

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This appeal is filed challenging the judgment and decree dated 18.07.2017 passed in O.S.No.7317/2012, on the file of XXXI Addl. City Civil and Sessions Judge, Bengaluru (CCH-14). The suit in O.S.No.7317/2012 was initiated by the plaintiff against the defendants in respect of suit schedule property depicted therein. Accordingly, the Court having jurisdiction to deal with aforesaid original suit,

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3 - NC: 2024:KHC:16619-DB RFA No. 1562 of 2017

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rendered a judgment and decree. It is the said judgment and decree which is under challenge in this appeal by urging various grounds.

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Heard learned counsel Sri Sangamesh R B for the appellant and learned counsel Sri Shashank S on behalf of the learned counsel Shri S.V. Srinivas for the respondents.

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In this appeal, the respective learned counsel for both the parties, have filed a compromise petition under Order XXIII Rule 3 of the Code of Civil Procedure stating that the appellants and respondents have arrived at a settlement in terms of the compromise. As per the said compromise petition, out of the total agreed sale consideration amount for sale of the suit schedule property of Rs.16,91,000/(Rupees Sixteen Lakhs Ninety One Thousand Only), the Respondent has paid an advance sale consideration amount of Rs.7,00,000/- (Rupees Seven Lakhs Only) to the Appellants and pursuant to the aforesaid judgment and decree passed in O.S.No.7317/2012, the Respondent herein has deposited the remaining sale consideration amount i.e. a

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NC: 2024:KHC:16619-DB RFA No. 1562 of 2017

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sum of Rs.9,91,000/- (Rupees Nine Lakhs Ninety One Thousand Only) before the trial Court vide acknowledgement dated 12.09.2017.

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It is stated that the parties herein at the instance of the elders and well wishers have settled their disputes interse amongst themselves in view of which, the parties are entering into this compromise petition agreeing upon the following terms and conditions :

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1. The Appellants herein have agreed to execute the registered absolute sale deed in favour of the Respondent thereby conveying the suit schedule property in favour of the Respondent by receiving additional amount of Rs.6,15,000/- (Rupees Six Lakhs Fifteen Thousand Only) at the cost of the Respondent as to stamp duty and registration charges etc.

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1. The Respondent shall pay the additional sum of Rs.6,15,000/- (Rupees Six Lakhs Fifteen Thousand Only) by way of Demand Draft issued by any nationalized bank drawn in favour of 1^st Appellant namely

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5 - NC: 2024:KHC:16619-DB RFA No. 1562 of 2017

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Smt.Gayathri as desired by all the Appellants at the time of the execution and registration of the sale deed in favour of the Respondent.

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1. In view of the present compromise, it is respectfully prayed that this Hon’ble Court be pleased to permit the 1st Appellant i.e Smt.Gayathri to withdraw the amount which is deposited by the Respondnet before the trial Court in O.S.No.7317/2012 along with the accrued interest.

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1. The Appellants and the Respondent respectfully pray before this Hon’ble Court to allow the present appeal in terms of this compromise petition, directing each party to bear their costs.

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These are the conditions agreed to between appellants and respondent out of their free will and volition after discussing the same with their respective family members and there is no element of fraud, coercion, undue influence, misrepresentation or mistake. Further, both parties respectively submit that the present compromise is

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6 - NC: 2024:KHC:16619-DB RFA No. 1562 of 2017

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in the best interest of both the parties and it is also the only way to put an end to the long pending litigation and restore peace and harmony between the parties.

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These are all the things stated in the compromise petition. Appellants Nos.1, 2, 3, 4 and 6 have executed General Power of Attorney in favour of Appellant No.5 namely Sri M N Raghavendra who is present before the Court physically and he has apprised the conditions stated in the compromise petition.

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Respondent namely Sri. Pravin Kumar is also present before the Court physically and has apprised the conditions stated in the compromise petition. Therefore, in their presence compromise petition is hereby accepted. Accordingly, the appeal stands disposed of in terms of the compromise entered into between both the parties. Office is directed to draw the decree accordingly.

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Court fee which is paid by appellants to prefer the present appeal, shall be refunded to the appellant No.1

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NC: 2024:KHC:16619-DB RFA No. 1562 of 2017

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namely Smt Gayathri W/o Late M D Nagabhushan, on due identification.

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In view of the disposal of this appeal by way of a compromise arrived at between the parties, all the pending I.As. in this appeal stand disposed of.

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Sd/JUDGE

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Sd/JUDGE

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RJ / KS

Smt Gayathri v. Sri Pravin Kumar

Case brief

What is this about?

What did the court decide?

Smt Gayathri v. Sri Pravin Kumar

Case brief

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